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Paragraphs 4 and 5
9. The CDEG supports this Recommendation but wishes to point out that, prior to the setting-up of the aforementioned Multisectoral Group, it made a detailed study of the arguments for and against the elaboration of a European convention on this subject. The CDEG also consulted various other Council of Europe Committees on the matter (CDMM, CDPS, CDDH, CDEM, CDCJ, T-SG). In the course of this analysis, different obstacles were brought to light and an intermediary solution was chosen, namely the preparation of a draft recommendation of the Committee of Ministers to the member States in accordance with the present Assembly's recommendations in paragraph 5. 10. Concerning the Assembly's request to draw up a convention on traffic in women and, in view of the reservations mentioned above concerning the definition and personal scope of application, the CDEG could possibly examine again this possibility once the work of the Multisectoral Group on Action against Trafficking in Human Beings for the purpose of Sexual Exploitation has been completed. Paragraph 6 11. The CDEG supports the measures which member States would be invited to adopt by the Committee of Ministers. The CDEG considers the recommended measures to be clear and detailed and notes with interest that these are often specific measures, which are indispensable in order to combat a phenomenon which often escapes existing legislation even if, in theory, such legislation were applicable. 12. The CDEG particularly supports the measures set out in sub-paragraphs i, x, xi and xii, which it considers essential in areas of prevention of trafficking and protection of the victims. As to sub-paragraph i, in particular, the CDEG wishes to emphasise the very important role which the media could play in matters of prevention in countries of origin, of transit and of destination. By systematically associating itself with the CDMM in its work, the CDEG has tried to take this factor into consideration. 13. As far as sub-paragraph x is concerned and in general, the contribution of national and international NGOs in action against traffic in human beings also seems indispensable at all levels, whether in prevention, collection of information and data, awareness-raising of authorities and public opinion or assistance to the victims. The role of NGOs might be different depending on whether it is a question of a country of origin or a country of destination. With this in mind, the CDEG has decided to devote a seminar in 1998 to NGOs combating traffic in human beings for the purpose of sexual exploitation. This would be the first seminar in the framework of a series of activities aimed at NGOs, and the CDEG thus wishes to emphasise the importance it attaches to the subject. Opinion of the European Committee on Migration (CDMG) on Parliamentary Assembly Recommendation 1325 (1997) In response to the occasional terms of reference given to it by the Committee of Ministers in Decision No. CM/688/140597, the European Committee on Migration (CDMG) adopted the following Opinion on paragraphs 6(ii) and (iii) of the above-mentioned Recommendation: "1. The CDMG welcomes the Assembly's recommendation addressed to the Committee of Ministers in paragraph 6 (ii) to urge member states to introduce training schemes for immigration staff enabling them to be fully aware of the problem of trafficking in women and to recognise potential victims. The CDMG underlines, however, that in its view the identification of a person as a potential victim of traffickers should not systematically lead to a refusal to deliver a visa or to allow this person access to the territory of the state concerned. The legal effects and other consequences of such an identification should be examined on a case-to-case basis, while taking into consideration the protection needs of the potential victims. 2. The CDMG takes note of the recommendation contained in paragraph 6(iii) to create specific police structures to combat traffic in women and forced prostitution and to improve international co-operation in this field. Given that the Budapest Group enjoys observer status in the CDMG, it is also emphasised that such international co-operation has recently been recommended through very concrete proposals by the Conference of Ministers on the prevention of illegal migration held in the context of the Budapest process in Prague on 14 and 15 October 1997. The CDMG therefore suggests to transmit recommendation 1325 (1997) of the Parliamentary Assembly to the Budapest Group for information." Opinion of the European Committee on Crime Problems (CDPC) on Parliamentary Assembly Recommendation 1325 (1997) (adopted by the Bureau of the CDPC on 27 November 1997) 1. By Decision No. CM/667/140597 the Committee of Ministers invited the CDPC to give an opinion on paragraphs 6(ii) to (iv) and (vi) to (viii) of Parliamentary Assembly Recommendation 1325 (1997) on traffic in women and forced prostitution in Council of Europe member States. 2. The CDPC welcomes the Recommendation and shares the Assembly's concern at the dramatic increase in recent years in traffic in women and forced prostitution in Council of Europe member States and thus fully recognises the need for urgent and concerted action. 3. As regards paragraph 6 (ii) of the Recommendation, the CDPC fully supports the Assembly's proposal aimed at introducing specialised training of immigration staff, in particular in consulates delivering visas and at border points. Such training would considerably increase the efficacy of that staff in preventing this criminality. In this context, the CDPC underlines the need for such measures to be taken as an integral part of broader and comprehensive national strategies aimed at providing adequate training also for other agencies, mainly the police. 4. As regards paragraph 6 (iii) of the Recommendation, the CDPC endorses the call on member States to increase specialised knowledge of the police services concerned, which will not in all cases require the creation of specific structures, and to improve international communication, co-ordination and co-operation, as the complexity, size and sophisticated nature of this criminality require them. 5. As regards paragraph 6 (iv) of the Recommendation, the CDPC would like to emphasise that both the seizure and the confiscation of profits from crime are already provided for by international legal instruments among which is the 1990 Council of Europe Convention on Laundering, Search, Seizure and Confiscation of the Proceeds from Crime. With a view to contributing to uniform and effective law enforcement action also against traffic in women and forced prostitution, its is desirable that all States Party to the Convention extend its scope of application to this type of criminality. As concerns the closure of establishments in which victims of traffic are sexually exploited, the CDPC wishes to point out that such closure could be considered as a purely administrative measure as well as a penal sanction imposed by the judicial authorities. 6. As regards paragraphs 6 (vi) and (vii) of the Recommendation, the CDPC would like to point out that questions of assistance to victims and their protection in court proceedings have already been addressed in Recommendation No. R (85) 11 on the position of the victim in the framework of criminal law and procedure and in Recommendation No. R (97) 13 concerning intimidation of witnesses and the rights of the defence. As to the Assembly's call for criminal law and criminal procedure provisions, the CDPC considers that these are aspects of the general problem of traffic in women that could usefully be studied by the Multisectoral Group on Action against Trafficking in Human Beings for the Purpose of Sexual Exploitation (EG-S-TS) in the context of its endeavour to develop an overall European strategy for combating this type of criminality. It will advise its representative on the Group accordingly. 7. Concerning paragraph 6 (viii) of the Recommendation, the CDPC recalls the European Convention on Extradition (1957) Article 6.2 of which provides that, where the requested Party does not extradite its national, it shall at the request of the requesting Party submit the case to its competent authorities in order that proceedings may be taken if they are considered appropriate. In this context, the CDPC also recalls the Report on "Extraterritorial Criminal Jurisdiction," prepared by a select committee of the CDPC in 1990, which addresses the extraterritorial application of national criminal law for offences of an international dimension and suggests solutions to possible conflicts of jurisdiction which may arise from it. 8. Although not specifically asked to express its opinion on paragraph 6 (v) of the Recommendation, the CDPC wishes to support the underlying aim of the proposal; it is indeed in the interests of justice that everything should be done to ensure that victims can give evidence in court proceedings. 9. As the fight against traffic in women and forced prostitution requires urgent and concerted action - as the Assembly rightly emphasises in paragraph 3 of its Recommendation - the CDPC welcomes the multidisciplinary approach adopted by the Multisectoral Group on Action against Trafficking in Human Beings for the Purpose of Sexual Exploitation (EG-S-TS) on which it is represented by an expert, and to whose work it will actively contribute, with a view to eradicating this serious violation of fundamental human rights. In this context, the CDPC would wish to be involved in any follow-up to the proposal, made in paragraph 4 of the Recommendation, aimed at the elaboration of a convention. Opinion of the European Committee on Legal Co-operation (CDCJ) on paragraphs 6.ii and 6.v of Parliamentary Assembly Recommendation 1325 (1997) 1. Following the request of the Committee of Ministers, the European Committee on legal co-operation (CDCJ) has prepared the following Opinion on paragraphs 6.ii and 6.v of the above Recommendation. The CDCJ also took account of the report prepared by Ms R. WOHLWEND (Doc. 7785) and the Opinion prepared by Ms I.B. JOHANSSON (Doc. 7808).
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